Types of Alimony in North Carolina

By
Hopper Law Firm, PLLC
|January 07, 2014

Depending on a couple's situation, there are numerous types of short-
and long-term alimony (or spousal support) available. If a couple had a
prenuptial or postnuptial agreement that outlined how these spousal support payments would work in the event
of a divorce, then a court would go along with that agreement. Otherwise,
deciding how much to award, and even whether or not to award alimony in
the first place, can be a complex procedure. For unmarried and cohabitating
couples, one partner may owe the other "palimony" when they separate, court-ordered support payments that also rely
on a complex interaction of factors. Read on to learn more about these
court-ordered support payments.

If a married couple splits up, there may be
temporary support ordered for the duration of the divorce process itself. Ideally, you and
your spouse can create a written agreement about temporary support. That
would be one less issue to fight over in court. If you think you are owed
temporary support, then it is a good idea to address this issue, even
in court if necessary, as soon as possible.

Then there are forms of short-term alimony available after the
divorce is finalized. Simple
short-term spousal support may be ordered if a marriage did not last long, a case where long-term
support could be unwarranted. Then there is
rehabilitative support, or "bridge the gap" support. This is in cases where a spouse
needs to get further education or specialized training in order to be
able to return to the workforce. Typically, this support lasts as long
as it takes for the spouse to finish training and to land a job in that
field. Just as the paying spouse has the court-ordered to duty to pay
support for as long as it takes, the other spouse has the court-ordered
responsibility to diligently work on that education and to then diligently
seek out work.

Usually for marriages that lasted ten years of more,
permanent alimony may be ordered. These long-term spousal support payments would last until
either ex passes away, or perhaps when the receiving spouse remarries.
This type of support could be ordered when a judge believes that a dependent
spouse will not return to the workforce.

Then it is possible for
reimbursement support to be ordered by a judge. This is for cases where one spouse gave up education,
a good job, or training in order to work at a basic job just so the family
could be provided for while the other spouse took training or education
for a well-paid profession. Theoretically, the sacrificing spouse would
profit in the long run from the other spouse achieving a high-paying career,
but if this benefit does not pan out before the marriage dissolves, then
the spouse who sacrificed a better career could be entitled to reimbursement support.

Finally,
palimony is a support payment that may be available when an unmarried couple breaks
up. This would depend on factors that include how long a couple cohabitated,
whether they have any written agreements, or if there is some other form
of a promise to support the other after a breakup. Other factors could
include partners having a disparity in incomes, or perhaps one partner
sacrificed a career to support the other partner's career (like above)
or to become a homemaker. Palimony may be ordered as one lump-sum payment,
or a court may order monthly support payments, just as with alimony.

If you are facing issues with spousal support or palimony, or if you need
to create a prenup or cohabitation agreement, then
contact Hopper, Hopper & Mulligan, PLLC, PLLC. Our experienced legal team is committed to doing the utmost for our clients,
providing the quality representation and reliable counsel that they deserve.
Learn how a dedicated Raleigh divorce lawyer may be able to help you and
your family when you reach our firm today.

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